Court No. - 88
Case :- CRIMINAL APPEAL No. - 2851 of 2020 Appellant :- Ramjiut Sahni Respondent :- State of U.P. and Another Counsel for Appellant :- Yashpal Yadav,Lalji Yadav Counsel for Respondent :- G.A.,Ankita Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal appeal under Section 14-A(2) of SC/ST Act has been preferred by the appellant with the prayer to set aside the order dated 25.9.2020, passed by Special Judge, SC/ST Act, Kushi Nagar, Place - Padrauna in Case Crime No. 236 of 2020, under Sections 304, 504, 506 I.P.C., and 3(2)(v), 3(1)(da)(dha) S.C./S.T. Act, P.S. Nebua Naurangia, District Kushinagar.
Contention raised on behalf of the appellant has been confined to the extent that the appellant is innocent and has been falsely implicated in this case. No offence has been committed by the appellant. No specific role has been attributed to the appellant. The allegations against the appellant is bald, vague and general in nature. There is no independent public witness of the incident in question. The allegations made by the prosecution is totally baseless and false. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 6.9.2020.
Learned A.G.A. has vehemently opposed the bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record as well as the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 25.09.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Ramjiut Sahni involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
It is made clear that observation made in this order shall not be construed to have any reflection on merits of the case and shall not prejudice the trial court while deciding the trial.
Order Date :- 6.4.2021 S Rawat